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UNITED STATES v. SUMNER

No. 6291.

69 F.2d 770 (1934)

UNITED STATES v. SUMNER.

Circuit Court of Appeals, Sixth Circuit.

March 6, 1934.

Attorney(s) appearing for the Case

W. C. Pickett, of Washington, D. C. (Sawyer A. Smith, of Covington, Ky., Errol W. Draffen, of Harrodsburg, Ky., Marion W. Moore, of Lexington, Ky., and J. O'C. Roberts and Davis G. Arnold, both of Washington, D. C., on the brief), for the United States.

Perry B. Miller, of Louisville, Ky., for appellee.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

HICKS, Circuit Judge.

Suit upon a war risk insurance policy. The policy lapsed on April 2, 1918, for nonpayment of premiums unless appellee was then permanently and totally disabled.

By stipulation the case was tried without the intervention of a jury and both parties moved the court for a separation of its findings of fact and conclusions of law. The court found as a fact that appellee, Sumner, was totally and permanently disabled from April 2, 1918, and...

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